Notice2025-08197
Notice of Petition for Extension of Waiver of Compliance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 9, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This document provides the public notice that BNSF Railway Company (BNSF) petitioned FRA for relief from certain regulations concerning inspections when combining and separating trains.
Full Text
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<title>Federal Register, Volume 90 Issue 89 (Friday, May 9, 2025)</title>
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[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19781-19782]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08197]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2020-0033]
Notice of Petition for Extension of Waiver of Compliance
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
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SUMMARY: This document provides the public notice that BNSF Railway
Company (BNSF) petitioned FRA for relief from certain regulations
concerning inspections when combining and separating trains.
DATES: FRA must receive comments on the petition by June 9, 2025. FRA
will consider comments received after that date to the extent
practicable.
ADDRESSES:
Comments: Comments related to this docket may be submitted by going
to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the online instructions
for submitting comments.
Instructions: All submissions must include the agency name and
docket number. All comments received will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any personal information.
Please see the Privacy Act heading in the SUPPLEMENTARY INFORMATION
section of this document for Privacy Act information related to any
submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Steven Zuiderveen, Railroad Safety
Specialist, FRA Motive Power & Equipment Division, telephone: 202-493-
6337, email: <a href="/cdn-cgi/l/email-protection#0b787f6e7d6e6525717e626f6e797d6e6e654b6f647f256c647d"><span class="__cf_email__" data-cfemail="e6959283908388c89c938f82839490838388a6828992c8818990">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under part 211 of title 49 Code of Federal
Regulations (CFR), this document provides the public notice that by
letter received March 11, 2025, BNSF petitioned FRA for an extension of
a waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR part 215 (Railroad Freight Car
Safety Standards). FRA assigned the petition Docket Number FRA-2020-
0033.
BNSF requests relief from 49 CFR 215.13, Pre-departure inspection,
which requires an inspection when combining two separate consists
including one or more cars and one or more locomotives that have been
properly inspected and tested in compliance with all applicable
regulations, meaning that both consists have had a Class I brake test
(Sec. 232.205), Class IA brake test (Sec. 232.207), or have been
designated as extended haul trains and are compliant with all
requirements of Sec. 232.213. BNSF states that the requested relief
will allow combining two existing and operating trains without
additional inspections, besides a Class III brake test. BNSF further
explains that the relief will allow subsequent separation of one train
into two trains without additional inspections, besides a Class III
brake test, provided that a record of the original consist remains
intact.
In support of its petition, BNSF states that ``data gathered over
the course of the waiver period to date shows that trains operating
under the waiver experience at least equivalent safety outcomes as
similarly situated trains.'' BNSF explains that an additional part 215
inspection when combining trains is redundant because each train to be
combined has had a brake test and inspection and a Sec. 215.13 pre-
departure inspection. Further, BNSF notes that the requested relief
will reduce exposure to potential walking hazards faced by train crews
or mechanical inspectors and opportunities for an employee to
inadvertently foul a track. Finally, BNSF suggests that ``the waiver
encourages greater utilization of Distributed Power (DP), which reduces
in-train forces and improves braking performance.''
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
Communications received by June 9, 2025 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
Privacy Act
Anyone can search the electronic form of any written communications
and comments received into any of FRA's dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to inform
its processes. DOT posts these comments, without edit, including any
personal information the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See also <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the privacy notice of
<a href="http://regulations.gov">regulations.gov</a>.
[[Page 19782]]
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2025-08197 Filed 5-8-25; 8:45 am]
BILLING CODE 4910-06-P
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